Road Traffic Act, 1961
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Certificates of fitness. |
34.—(1) In this section— | |
“the issuing authority” means the person who, in the case in question and in accordance with regulations made by the Minister, is the issuing authority for the purposes of this section; | ||
“relevant aspects of his physical and mental condition” means, in relation to a person proposing to apply for a certificate of fitness, such aspects of his physical and mental condition as are declared by the Minister by regulations to be for the purposes of this section relevant aspects of a person's physical and mental condition in the case of an application for that certificate of fitness. | ||
(2) A person, other than a person to whom section 32 of this Act applies, may apply to the issuing authority for a certificate of fitness in the following cases: | ||
(a) where he is disqualified for holding a driving licence until he produces a certificate of fitness, | ||
(b) where under the regulations under this Act an application by him for a driving licence is required to be accompanied by a certificate of fitness. | ||
(3) A person who proposes to apply for a certificate of fitness shall, within the prescribed period prior to his application, cause himself to be examined by a registered medical practitioner and shall obtain from the practitioner a signed report in writing as to the relevant aspects of his physical and mental condition. | ||
(4) Where— | ||
(a) an application is duly made under this section to the issuing authority, and | ||
(b) the appropriate fee is paid and the application is accompanied by the appropriate report referred to in subsection (3) of this section, | ||
the issuing authority shall, after consideration of the application and report, either— | ||
(i) refuse the application, or | ||
(ii) issue a certificate (in this Act referred to as a certificate of fitness) certifying— | ||
(I) in case the application is for a certificate of fitness to drive any mechanically propelled vehicle whatsoever and the issuing authority is satisfied that the applicant is fit to drive any mechanically propelled vehicle whatsoever—that the applicant is fit to drive any mechanically propelled vehicle whatsoever, or | ||
(II) in any other case—that the applicant is fit to drive any specified class or classes of mechanically propelled vehicle, being a class or classes in respect of which a certificate of fitness to drive was applied for and which the issuing authority is satisfied that the applicant is fit to drive, | ||
but, where the issuing authority so thinks proper, it may defer a decision under this subsection pending production by the applicant of a certificate of competency. | ||
(5) (a) A person aggrieved by a decision under subsection (4) of this section or the deferring of such decision may appeal to a Justice of the District Court having jurisdiction in the place in which such person ordinarily resides, and the Justice may either refuse the appeal or give such direction to the issuing authority as he considers just, and the issuing authority shall comply with any such direction. | ||
(b) A decision under this subsection of a Justice of the District Court shall be final and not appealable. |